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contractor. The Fiscal Year Data Summary and the Fiscal Year Functional Cost-Hour Report will not be requested for these elements. Requests for CIR should not be made on such elements unless they concern items which are being newly developed or which have or relate to specific costing problems which make it clearly in the best interest of the government to obtain such data. Requests for CIR on such elements should not be made on Firm Fixed Price (FFP) contracts except in very unusual circumstances.

(3) The prime contractor will be responsible for reporting CIR data for all the work included in the prime contract, in accordance with the approved Cost Data Plan, even though some of the work may be subcontracted. Subcontractors, however, will be required to prepare selected CIR forms applicable to their contracts, when the WBS element, or portion thereof, under the control of the subcontractor is 10 percent or more of the estimated dollar value of the total program and at least $50 million. When a contractor (prime or sub) is required to report on any WBS element(s) of the system to be covered by CIR, he will be required to submit at least the Contract Cost Data Summary and/or Fiscal Year Data Summary for all WBS elements specified in the approved Cost Data Plan for which he is wholly or partially responsible, regardless of the dollar amounts involved in these WBS elements.

(d) Minimum reporting frequencies. Wherever required, CIR submissions from the contractor should be made to the contracting officer who, within three (3) days after receipt, will forward a copy to the appropriate DoD Component cost analysis organization and to the cognizant office of the Defense Contract Audit Agency. The CIR submission from the contractor will be made within forty-five (45) days after the due date, or in accordance with the provisions outlined in subparagraphs (1) and (2) of this paragraph. When subcontractors report to the prime contractor, the prime contractor will be given an additional fifteen (15) days to consolidate the appropriate reports. Where contractors' reporting periods end on dates other than the last day of the month, they may be permitted to report in accordance with their respective accounting periods.

(1) RDT&E funding. (1) For each contract of a given program funded from the RDT&E appropriation, the Contract Cost Data Summary, Functional CostHour Report, and the Progress Curve Report are to be prepared at least semiannually, normally as of June 30 and December 31. Following delivery of the last prime item, a report marked "Preliminary Final Report" will be submitted as of the end of the month in which that item was delivered and accepted. In addition:

(a) For all cost-plus-fixed-fee contracts, reports marked Final Report will be submitted when cumulative costs incurred have reached 98 percent of the estimate at completion; however, when subsequent contract modifications exceed $10 million or 5 percent of the contract value (whichever is larger) as of the last report submitted, reporting will be continued as described in this paragraph (d).

(b) For all incentive contracts (CPIF, FPI) under which items are being delivered, reports marked "Final Report" will be submitted at the end of the month during which the final price revision is signed by the Contractor and Government.

(ii) The Fiscal Year Data Summary and the Fiscal Year Functional CostHour Report, when required, are to be submitted annually. The appropriate DoD Component shall provide necessary guidance to the submitting contractor with respect to the scope of the program to be reported and date for submission.

(2) Procurement funding. When contracts are funded from procurement appropriations, all reports except the Progress Curve Report will be submitted annually. The Progress Curve Report will be submitted semiannually. In addition, reports will be submitted in accordance with the provisions of subparagraph (1)(i) (a) and (b) of this paragraph. § 250.6

Audit reviews.

Audit reviews of CIR data will be performed by the Defense Contract Audit Agency. The scope and extent of such reviews will consist of (a) an evaluation of the effectiveness of the contractor's policies and procedures to produce data compatible with the objectives of CIR,

and (b) selective tests of the reported data. Any exceptions will be included with appropriate comments in the audit reports.

PART 251-PROCUREMENT INSPEC

TION STAMPING

§ 251.1 Procurement inspection stamping.

(a) Materiel which is government inspected at origin or place of manufacture shall be stamped with the appropriate DOD procurement inspection approval stamp. Such stamping will indicate to government personnel that the materiel has been government inspected and approved for further processing, shipping or subsequent accept

ance.

(b) The stamping of each individual item is neither required nor prohibited. Ordinarily, the stamping of shipping containers, shipping documents or lot routing tickets adequately serves to provide the necessary indication of inspection status and to control or facilitate the movement of materiel.

(c) The only two authorized forms of DOD procurement inspection approval stamping are:

(1) Stamping to indicate complete compliance with inspection requirements (The square stamp)

(2) Stamping to indicate partial com`pliance with inspection requirements. (The circle stamp)

(d) When a DOD procurement inspection approval stamp is affixed to any materiel, it shall not be construed to mean that the materiel has or has not been accepted by the government.1

(e) The use of the DOD Procurement Inspection Approval Stamps will be governed by the following procedures:

1 When materiel has been determined to be in conformance with the contract requirements, acceptance on behalf of the government shall ordinarily be accomplished by the execution, and delivery to the contractor, of the acceptance certificate on the applicable inspection and receiving report form, 1. e. DD Form 250, DD Form 1155, or Standard Form 44. Refer to Armed Services Procurement Regulation, Section XIV, Part II, Acceptance, for full details regarding government acceptance.

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proval stamping involving any items, parts or components identified previously for partial inspection approval shall establish that the materiel which was once partially approved has subsequently received complete inspection approval. One imprint of the square stamp will serve to void multiple partial approvals.

(2) Partial (Circle) Inspection Approval Stamp. This stamp shall be used by or at the direction of the government inspector to identify prime or sub-contract materiel which has successfully met only some portion of the inspection requirements applicable to the materiel at the time and place of inspection. Partial inspection approval stamping shall identify for government personnel materiel which complies with all inspection requirements applicable at the time and place of inspection, excepting those listed as uninspected on the Materiel Inspec

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(a) The term "Outer Continental Shelf" means all of the submerged lands of which the subsoil and seabed appertain to the United States and which are subject to its jurisdiction and control, as defined in the Outer Continental Shelf Lands Act (Pub. Law 211, 83d Cong.; 43 U.S.C. 1331 et seq.), which lies seaward of "navigable waters," as defined in section 2 of the Submerged Lands Act (Pub. Law 31, 83d Cong.; 43 U.S.C. 1301 et seq.).

(b) The term "State Controlled Offshore Submerged Lands" means lands beneath navigable waters as defined in section 2 of the Submerged Lands Act (Pub. Law 31, 83d Cong.; 43 U.S.C. 1301 et seq.).

(c) The term "Fast Lands" means those lands within the public domain which lie landward of the coastline boundaries of the states as defined in section 2 of the Submerged Lands Act (Pub. Law 31, 83d Cong.; 43 U.S.C. 1301 et seq.).

(d) The term "Restriction" means the action by which the use, or appropriation under existing public land laws, including mineral leasing laws, are limited, restrained, or excluded, to assure the integrity of Department of Defense military missions.

§ 252.4 Objective and policy.

To assure the integrity of United States defense missions operating in or in connection with public domain lands, the Military Departments will:

(a) Take appropriate action to effect the withdrawal, restriction, or reservation of public domain lands, whenever feasible, instead of acquiring privately owned lands by purchase or lease; limit the withdrawal, restriction and reservation of such lands to the extent consistent with the requirements of defense programs.

(b) Return withdrawn lands to the public domain and release reservations restrictions, conditions, and other stipulations imposed upon public domain lands when they are no longer essential to defense programs.

(c) Prepare legislation to effect the withdrawal, restriction, and reservation of public domain lands of 5,000 acres or more now used or to be used for programs involving research and development, test or training operations, and

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or § 252.5 Program responsibilities.

the manufacture, storage, firing launching of ordnance, in accordance with appropriate provisions of law.

(d) Make administrative arrangements with the Department of the Interior to restrict public domain lands to assure compatibility with Department of Defense missions, pending statutory authorization, or otherwise when in the interest of national security.

(e) Avoid interference with the exploration and exploitation of mineral resources of the Outer Continental Shelf, state controlled offshore submerged lands, and fast public lands of the National Missile Ranges and of Weapons Ranges under the management of the Military Departments to the maximum extent practicable.

(f) Enter into agreements with the Department of the Interior, and the coastal states concerning their mineral leasing plans and programs to assure the continuing effectiveness of defense missions and the integrity of security operations.

(g) Assure the imposition of conditions, restrictions, and stipulations in leases for mineral production and in permits for mineral exploration entered into or issued by the Department of the Interior and the coastal states to the extent necessary to protect Department of Defense programs and interests.

(h) Conduct continuing liaison with agencies and industries concerned with research, exploration, and the recovery of minerals in areas of mutual interest to assure harmonious relationships between programs of such industries and Department of Defense programs.

(1) Before taking disposal actions, decontaminate fast lands (which have been contaminated by unexploded ordnance and chemical agents) (1) to the extent that a technical and economical capability of accomplishment exists, and (2) provided that in no event the cost of such decontamination does not exceed the fair market value of the land.

(j) Assure that instruments of conveyance contain provisions absolving and releasing the United States from any and all liability for damages for personal injury, death, or damage arising out of the use of lands which have been decontaminated as provided in paragraph (1) of this section.

(a) The Assistant Secretary of Defense (Installations and Logistics), or his designee, acting for the Secretary of Defense, will:

(1) Review and approve programs of the Military Departments designed to meet the objectives of the policies established hereby.

(2) Assure, as appropriate, that the policies herein established are effectively implemented.

(b) The Secretaries of the Military Departments will:

(1) Coordinate proposed actions with respect to lands, facilities, and programs under their separate jurisdictions with the other Military Departments when the programs or interests of more than one Military Department are involved or related.

(2) Keep the Assistant Secretary of Defense (Installations and Logistics) informed of major problems encountered in administering the policies established hereby.

(3) Review jointly with the Assistant Secretary of Defense (Installations and Logistics) and the other Military Departments proposed mineral leasing maps of offshore submerged lands to determine (i) areas under the jurisdiction of the Department of the Interior and the coastal states to be restricted from mineral exploration and exploitation, and (ii) conditions and stipulations to be imposed in areas to be leased, to assure compatibility with the Department of Defense programs. The Secretary of the Navy will act as the executive agent for the Secretary of Defense with respect to such reviews, determinations, restrictions, and stipulations.

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(a) Supplier responsibilities for inspection. (1) Except as provided in subparagraph (2), of this paragraph, the supplier shall be required to perform the examinations and tests set forth in the specifications to substantiate conformance of supplies to specification requirements.

(2) Certain inspection requirements may be executed by the Government when it is not advisable to specify that the particular examinations and tests be performed by the supplier. In such cases, these examinations and tests to be performed by the Government shall be explicitly identified in the specification or contract. (Section 253.4 identifies some of the specific situations for which it is advisable that examinations and tests be performed by the Government.)

(3) Suppliers shall either (i) have available adequate test facilities for executing specific prescribed tests, or (ii) make arrangements for the utilization of suitable test facilities.

(4) Records of examinations and tests performed by the supplier shall be maintained by the supplier and made available for use by the Government for the duration of time specified in the contract.

(5) The supplier shall be responsible for compliance with all requirements of the specification and all other technical requirements of the contract.

(b) Government responsibilities for inspection. (1) The Government inspector shall make optimum use of the inspection records of examinations and tests performed by or for the supplier in accordance with the quality assurance provisions of commodity specifications, and other pertinent inspection records, in determining acceptability of supplies. (2) Procurement inspection by the Government to verify the supplier's compliance with specification requirements and other technical requirements of the contract, shall be so planned as to promote adequate assurance of quality by the most efficient utilization of the inspection resources of the military departments. (Section 253.5 identifies specific factors influencing the extent of Government inspection.)

(3) Where the specification or contract requires the supplier to conduct particularly expensive tests involving destruction of supplies, extended periods of time for conducting the tests or other factors contributing to high testing costs, etc., these tests shall be coordinated for simultaneous supplier and Government accomplishment to the maximum extent practicable to preclude the need for subsequent independent Government verification testing.

(4) Government inspection to determine compliance with any requirements of the specification not covered under the quality assurance provisions and other technical requirements of the contract shall be conducted to the extent deemed necessary by the military inspecting activity having cognizance at the supplier's plant.

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